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rules, regulations or requirements now in force or which may hereafter be in force and with the
<br /> requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating
<br /> to or affecting the condition,use or occupancy of the Premises, excluding structural changes not related to
<br /> or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the
<br /> admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant
<br /> has violated any law,statute,ordinance or governmental rule,regulation or requirement,shall be conclusive
<br /> of that fact as between the Landlord and Tenant.
<br /> 10. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any
<br /> alterations, additions or improvements to or of the Premises or any part thereof without the written consent
<br /> of Landlord first had and obtained, which consent may be withheld in Landlord's sole discretion, and any
<br /> alterations, additions or improvements to or of said Premises, including, but not limited to, wall covering,
<br /> paneling and built-in cabinet work,but excepting movable furniture and trade fixtures,shall at once become
<br /> a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event
<br /> Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant,
<br /> the same shall be made by Tenant at Tenant's sole cost and expense. Upon the expiration or sooner
<br /> termination of the term hereof, Tenant shall, upon written demand by Landlord, given at least thirty (30)
<br /> days prior to the end of the term, at Tenant's sole cost and expense, forthwith and with all due diligence,
<br /> remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be
<br /> removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any
<br /> damage to the Premises caused by such removal.
<br /> 11. Reserved.
<br /> 12. REPAIRS.
<br /> 12A. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in
<br /> good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the
<br /> Premises and every part thereof in good condition and repair(except as hereinafter provided with respect to
<br /> Landlord's obligations) including without limitation, the maintenance, replacement and repair of any
<br /> storefront, doors, windows glazing, heating, ventilation and air conditioning systems, plumbing, pipes,
<br /> electrical wiring and conduits and all case work and finishes. Landlord at its option may contract for the
<br /> maintenance of the heating and air conditioning systems (if so equipped) and include the Tenant's
<br /> proportionate share of such costs related to such service in Adjustments(paragraph 7). Tenant shall upon
<br /> the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in good
<br /> condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of
<br /> Tenant excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be
<br /> repaired at the sole cost and expense of Tenant.
<br /> 12B. Notwithstanding the provisions of Article 12A hereinabove, Landlord shall repair and
<br /> maintain the structural portions of the Building, including the structural portions of the exterior walls and
<br /> roof, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or
<br /> omission of any duty by the Tenant, its agents, servants, employees, invitees, or any damage caused by
<br /> breaking and entering, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance
<br /> and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any
<br /> maintenance unless such failure shall persist for an unreasonable time after written notice of the need of
<br /> such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 25 hereof,there
<br /> shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with
<br /> Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion
<br /> of the.Building or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord, at its
<br /> expense,will install a heavy cyclone fence in the yard area demising the yard space to be used by Landlord
<br /> and by Tenant.
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<br /> 99999-6028/LEGAL 13867066.1
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